This Regulation is the Occupational Health and Safety Regulation 2001.
This Regulation commences on the commencement of the Act.Editorial note. Date of commencement: 1.9.2001—see Gazette No 129 of 24.8.2001, page 6186.
(1) In this Regulation:approved form means the form approved for the time being by WorkCover for the purposes of the provision in which the expression is used.
authorised medical practitioner means a medical practitioner authorised by WorkCover, or authorised by another body or under a scheme approved by WorkCover, to perform health surveillance for the purposes of this Regulation.
building includes a structure, and includes part of a building or structure.
competent person for any task means a person who has acquired through training, qualification or experience, or a combination of them, the knowledge and skills to carry out that task.
construction work means any of the following:
(a) excavation, including the excavation or filling of trenches, ditches, shafts, wells, tunnels and pier holes, and the use of caissons and cofferdams,(b) building, including the construction (including the manufacturing of prefabricated elements of a building at the place of work concerned), alteration, renovation, repair, maintenance and demolition of all types of buildings,(c) civil engineering, including the construction, structural alteration, repair, maintenance and demolition of, for example, airports, docks, harbours, inland waterways, dams, river and avalanche and sea defence works, roads and highways, railways, bridges and tunnels, viaducts, and works related to the provision of services such as communications, drainage, sewerage, water and energy supplies.dangerous goods means any substance or article prescribed as dangerous goods for the purposes of the Dangerous Goods Act 1975.
employer includes self-employed person in Chapters 2, 4, 5, 6, 7 and 8.
former Act means the Occupational Health and Safety Act 1983.
hazard means anything (including work practices or procedures) that has the potential to harm the health or safety of a person.
hazardous substance means a substance that:
(a) is listed in the document entitled “List of Designated Hazardous Substances [NOHSC: 10005 (1999)]” published by the NOHS Commission, as in force from time to time, or(b) fits the criteria for a hazardous substance set out in the document entitled “Approved Criteria for Classifying Hazardous Substances [NOHSC: 1008 (1999)]” published by the NOHS Commission, as in force from time to time.height of a building means the height measured from ground level to its highest part.
NOHS Commission means the National Occupational Health and Safety Commission of the Commonwealth.
penalty levels—see subclause (2).
public place means a public road or any other place to which the public, whether on payment of a fee or otherwise, ordinarily has access.
record includes any form in which information is stored on a permanent basis or from which information may be reproduced.
substance means any natural or artificial entity, composite material, mixture or formulation, other than something (that is not a fluid or particle) that:
(a) is formed during production to a specific shape or design, or to have a specific surface, and(b) has an end use that depends in whole or in part on its shape, design or surface, and(c) undergoes no change in chemical composition or physical state during its end use, except as an intrinsic aspect of that end use.Note.In a number of publications relating to hazardous substances the things that are excluded from the definition of substance are called “articles”.
the Act means the Occupational Health and Safety Act 2000.
WorkCover means the WorkCover Authority constituted under the Workplace Injury Management and Workers Compensation Act 1998.
Note. Other relevant definitions are contained in the Act and the Interpretation Act 1987. They include the following:employee means an individual who works under a contract of employment or apprenticeship.
employer means a person who employs persons under contracts of employment or apprenticeship.
occupier of premises includes:
(a) a person who, for the time being, has (or appears to have) the charge, management or control of the premises, or(b) a person who, for the time being, is in charge (or appears to be in charge) of any operation being conducted on the premises.place of work means premises where persons work.
plant includes any machinery, equipment or appliance.
premises includes any place, and in particular includes:
(a) any land, building or part of any building, or(b) any vehicle, vessel or aircraft, or(c) any installation on land, on the bed of any waters or floating on any waters, or(d) any tent or movable structure.self-employed person means a person who works for gain or reward otherwise than under a contract of employment or apprenticeship, whether or not employing others.
work means work as an employee or as a self-employed person.
The Interpretation Act 1987 also provides that expressions defined for the purposes of this Regulation apply except in so far as the context or subject-matter otherwise indicates or requires.
(2) The following levels of penalty apply for the purposes of determining the maximum penalty for an offence against a provision of this Regulation, and references in this Regulation to those levels are to be construed accordingly:(a) Level 1—20 penalty units,(b) Level 2—30 penalty units,(c) Level 3—100 penalty units,(d) Level 4—250 penalty units.Note. At the time of making this Regulation, each penalty unit was $110—see section 17 of the Crimes (Sentencing Procedure) Act 1999.(3) In this Regulation, a reference to an Australian Standard is a reference to an Australian Standard (AS) or an Australian/New Zealand Standard (AS/NZS) published by Standards Australia in the year referred to in the citation of the Standard, as in force from time to time.(4) If WorkCover has indicated, by notice in writing, that it is satisfied that another standard provides an equivalent standard of safety to an Australian Standard or an Australian/New Zealand Standard, that other standard may be applied instead for the purposes of the relevant provision of this Regulation.(5) If there is an inconsistency between a provision of this Regulation and a provision of an Australian Standard or another standard referred to in this Regulation, the provision of this Regulation prevails.
(1) This Regulation applies to all places of work, except as provided by this Regulation.(2) Chapter 5 applies to plant affecting public safety, whether or not the plant is at a place of work or for use at work.(3) This Regulation does not apply to a mine, except:(a) Chapter 3 (Workplace consultation), and(b) Part 6.1 (Preliminary—Chapter 6), Part 6.2 (Manufacture of hazardous substances) and Part 6.3 (Supply of hazardous substances), and(c) clause 357 (Additional officers authorised to consent to institution of proceedings for offences), and(d) clause 358 (Application of Act to mines: references to WorkCover).Note. Part 2 of the Act imposes general obligations on employers and other persons and creates offences for breaches of those obligations. This Regulation imposes additional obligations on those persons and on others. Section 29 of the Act provides that compliance with the regulations is not in itself a defence in any proceedings for an offence against Part 2 of the Act (subject to any regulations that modify Part 2), but also provides that a relevant contravention of the regulations is admissible in evidence in any proceedings for an offence against Part 2.
5 Meaning of “control” of risks
(1) For the purposes of this Regulation, an obligation to control a risk to health or safety (in any case in which the elimination of the risk is not reasonably practicable) is an obligation to take the following measures (in the order specified) to minimise the risk to the lowest level reasonably practicable:(a) firstly, substituting the hazard giving rise to the risk with a hazard that gives rise to a lesser risk,(b) secondly, isolating the hazard from the person put at risk,(c) thirdly, minimising the risk by engineering means,(d) fourthly, minimising the risk by administrative means (for example, by adopting safe working practices or providing appropriate training, instruction or information),(e) fifthly, using personal protective equipment.(2) A combination of the above measures is required to be taken to minimise the risk to the lowest level reasonably practicable if no single measure is sufficient for that purpose.(3) Any obligation in this Regulation to control a risk by taking specific risk control measures, or by taking specific risk control measures in a particular order, is in addition to the obligations referred to in subclauses (1) and (2).Note. For an example in which the above clause applies, see clause 11 (general obligation of employers and self-employed persons to eliminate risks or, if not reasonably practicable to do so, to control the risk).
6 Application of provisions providing for alternative duties if primary duty not reasonably practicable
(1) This clause applies to any provision of this Regulation that imposes a duty, such as a duty to eliminate a risk, on a person (the primary duty), but provides that if it is not reasonably practicable to comply with that duty, the person is required to comply with another duty, such as a duty to control the risk (the alternative duty).Note. See duties to eliminate risks or, if that is not reasonably practicable, to control the risk (clause 11). See also particular alternative control measures in clause 5.(2) For the purposes of this Regulation, the primary duty of a person is not replaced by the alternative duty unless the person can establish that it is not reasonably practicable to comply with the primary duty.Note. Section 28 of the Act provides a defence if the person can establish that it is not reasonably practicable to comply with the alternative duty.
7 Application of provisions of Part 2 of the Act (relating to general duties of certain persons) to persons having duties under this Regulation
(1) Section 10 (3) and (4) of the Act apply to the duties under this Regulation of a person who has control of premises used by people as a place of work.Note. The effect of subclause (1) is to provide that the duties under this Regulation of a person who has control of premises used by people as a place of work:(a) do not apply to premises used only by employees of the controller, and (For the duties of an employer who is also the controller of the premises, see section 8 of the Act and the provisions of this Regulation imposing duties on employers.)(b) do not apply to premises occupied only as a private dwelling, and(c) end to the means of access to or exit from a place of work, and(d) apply only if the premises are controlled in the course of a trade, business or other undertaking (whether for profit or not) of the controller.If a controller of premises:
(a) has only limited control of the premises, any duty under this Regulation applies only to the matters over which the controller has control, or(b) is a controller by virtue of having, under a contract or lease, an obligation to maintain or repair the premises, any duty under this Regulation applies only to the matters covered by the contract or lease.(2) Section 11 (2) and (3) of the Act apply to the duties under this Regulation of designers, manufacturers and suppliers of plant and substances for use by people at work (other than plant affecting public safety).Note. The principal effect of subclause (2) is to provide that the duties under this Regulation of designers, manufacturers and suppliers of plant and substances for use by people at work (other than plant affecting public safety):(a) apply only if the plant or substance is designed, manufactured or supplied in the course of a trade, business or other undertaking (whether for profit or not), and(b) apply whether or not the plant or substance is exclusively designed, manufactured or supplied for use by people at work.
8 Responsibilities held by more than one responsible person
If more than one person has a responsibility with respect to a particular occupational health and safety matter under this Regulation:(a) each such person retains responsibility for the matter, and(b) the responsibility is to be discharged in a co-ordinated manner.